The defective case of inheritance (naqisa)

المَسْأَلَة النَّاقِصَة

In the law of inheritance, a defective case (naqisa) is one in which the shares of the fixed-share heirs fall short of the base of the case, leaving a surplus. The jurists recognise three kinds of case: the equal (adila), where the shares equal the base; the defective; and the increased (a'ila), where the shares exceed it. The Hanafis, Malikis and Shafi'is require for a defective case that there be no agnate; the Hanbalis require that there be no increase or return and that an agnate be present. Most jurists hold that the surplus returns to the fixed-share heirs, with differences over who receives it; the detail is under the entry on inheritance. ^{1 2}